A defendant shall be punished by imprisonment for a term of one year and two months.

A. Of the facts charged as to the fraud against H by the victim of mistake of fact, the part of the lower judgment regarding the sum of KRW 1 to KRW 58,00,00,000 as stated in the list of crimes in the lower judgment, did not have received the above KRW 58,00 from H, the lower court erred by misapprehending the facts.

B. The lower court’s imprisonment (two years of imprisonment) against the Defendant is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. Of the frauds with the victim H, the summary of the facts charged in this part of the charges is as follows: “Around the end of July 2009, the victim H, who is operating a construction firm with the trade name of “G” in F located in Busan Si of the end of July, 2009, is the Gyeong J Construction Corporation with an amount of 57 billion won from among the construction works ordered at I. At the end of the end of July 1, 2009. During the Republic of Korea, G is well aware of L, I executives N,O, P, etc., sent to the Minister of Oceans and Fisheries at the time of the government of the K government of the K, thereby allowing G to participate in the said contracted construction project by using N, etc.

However, in fact, the Defendant did not have any officers such as N,O, P, etc. I and there was no knowledge about who is selected as a contracting company of the above J Construction Project. As a result, even if the Defendant received money from the victim under the pretext of receiving the said construction contract, he did not allow the victim to participate in the said construction project by using such money.

The defendant deceivings the victim in such a way as above, and is in the position of the victim, KRW 30 million in cash as activity expenses for the above contracts for construction work, KRW 20 million in cash in X located in Busan in August 2009, and KRW 58 million in total, once a month from September 2009 to December 2009, in total, eight million in cash, from September 1, 2009 to September 2009.